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2007 (10) TMI 555 - SUPREME COURTNotice under section 138 of the Negotiable Instruments Act, 1881, not sent under registered cover with acknowledgment due. Held that:- Considering the effect of the nature of service of notice effected by the employees of the Law Firm. Paragraph 2 of the affidavit affirmed by Ramchandra Damaji Khadpe does not disclose as to when he had gone to serve notice upon the appellant at 34, Adarsh Nagar, Worli, Mumbai. It was stated that he having been told by the neighbour of the appellant Arvind Naik that he had shifted to Bhatachi Chawl in Worli, went there also. He did not disclose as to what was the new address. He did not furthermore state when did he visit that place. The learned Magistrate proceeded on the basis that the service of notice upon the company at its registered office would subserve the requirements of law. But, in this case, point taken by the appellant is a different one. Appeal allowed.
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